UAE announces sweeping changes to legislation

The UAE President, HH Sheikh Khalifa bin Zayed Al Nahyan approved Federal Law-Decrees to amend a range of laws including those covering Personal Status, Civil Transactions, Penal Code and Criminal Procedure on 7 November, WAM, the Emirates News Agency reported. The new decrees emphasise tolerance in the society and strengthen the country’s position as a preferred hub for residency and work. The Penal Code and Criminal Procedural law have repealed an article giving more lenient sentences for "honour crimes", for example. Another change is that non-Emiratis may rely on the laws of their home countries in cases of inheritance, divorce, separation and the division of assets should a marriage breaks down.

Aligarh Muslim University organises national seminar on Indian Constitution and Muslim personal law

Source: AMU. Maulana Shaukat Ali Qasmi addresses the floor at the Muslim Personal Law and Constitution of India seminar.

The Faculty of Theology, Aligarh Muslim University (AMU) has organised a national seminar on Muslim Personal Law and Constitution of India which has shared views about personal law and the country's constitution in the light of calls to institute a uniform civil code.

AMU Vice Chancellor Lieutenant General Zameer Uddin Shah (Veteran) noted that India is a secular country, where people follow various faiths and personal laws. "Therefore, following a personal law of a particular religion or the common civil law in certain matters like marriages and divorces is entirely personal to any citizen," he said.

The Director of the seminar, Professor Abdul Khalique, Dean, Faculty of Theology, AMU, added that all communities want to live in peace and harmony, while safeguarding their personal laws, rituals and practices. 

Maulana Shaukat Ali Qasmi from Deoband pointed out that India is a secular democracy and that a  uniform civil code is against the ethos of the country. He urged people who are demanding such a code to research Islam and the Quran. "If Muslim personal law is modified, it will divert Muslims from the principles of Islam," he said.

The Chief Guest, Professor Shamim A Ansari, Dean, Faculty of Social Science urged Muslims to consider views of the ulama' (Islamic scholars) in terms religious duties and solutions to problems related to Muslim marriages, divorces and property distribution in Muslim families among other issues. He added that the solutions to these problems have been explained in religious texts.

posted from Bloggeroid

Halal Product Certification Bill in Indonesia expected to transform markets

Source: Wardah website. How to wear red lipstick.

Close to 90% of the population in Indonesia is Muslim and thus interested in halal certified products, notes Euromonitor in a blog post.

Halal beauty products was a relatively niche area until the end of the review period, said Euromonitor, naming Paragon Technology and Innovation as the most prominent player in this area at the end of 2015. Its Wardah brand in cosmetics and skincare has allowed the company to capitalise on the growing popularity of halal beauty products in 2015, with its value share reaching 2% that year.

Things are expected to change as Indonesia passed the Halal Product Certification Bill in September 2014 that stipulates all products, including beauty brands, must be halal-certified by 2019. This requirement covers product ingredients, production machinery and equipment, as well as the entire value-chain process, with international manufacturers consequently starting to work towards halal certification, Euromonitor notes.

Some early adopters include L’Oréal Indonesia, which built a manufacturing plant in Indonesia at the end of the review period and now has around 145 of its ingredients halal-certified so as to meet the needs of Indonesian consumers. Colgate-Palmolive is another early adopter, with the company launching a halal toothpaste featuring miswak (Editor's note: miswak [مسواك] refers to twigs from a particular tree that were traditionally used for cleaning the teeth).

Unilever Indonesia also joined this trend in 2015 with the launch of Sunsilk Clean & Fresh, which is targeted at women who wear hijabs daily. The company partnered with New York based Francesca Fusco, a leading scalp treatment specialist, to launch this new variant. Incorporating citrus vitamin complex, Sunsilk Clean & Fresh nourishes hair strands while offering a clean and fresh sensation for the scalp which helps hijab-wearers feel more comfortable.

According to Euromonitor, halal beauty products are expected to gain further prominence over the forecast period as a result of the implementation of the Halal Product Certification Bill. Manufacturers will have to move quickly to ensure their existing ingredients and products are compliant in the short-term. This is especially crucial for international giants, which dominate sales in multiple beauty and personal care categories. While coping with securing halal-certification for existing ingredients, international manufacturers will place a greater emphasis on steering ongoing product innovation efforts towards halal offerings.

The blog concludes that there is a window of opportunity for local brands such as Wardah to take advantage of the gap before international manufacturers obtain halal certification and start to capture the interest of local consumers. "This will have to be done through heavy marketing campaigns, including sampling, in order to create awareness among local consumers, given that sales of local halal beauty brands remained limited over the review period," states the blog post.

Hashtag: #halaldariawal ("completely halal")

Pakistan moves to regulate umrah services

The Ministry of Religious Affairs and Interfaith Harmony of Pakistan has issued a detailed umrah policy to help regulate umrah organisers, standardise services, and address complaints from pilgrims.

The policy covers the procedures for the formal appointment of umrah organisers, terms of service as an umrah service supplier, and the creation of a umrah welfare fund that will be used to print and distribute literature for umrah pilgrims, pay for umrah-related advertising in newspapers, and address pilgrim welfare as required.

An organisational structure has also been created to handle complaints by umrah pilgrims, together with an outline of complaint procedures and potential penalties. The Complaint Disposal Committee on Umrah Matters is to be chaired by the Joint Secretary (Umrah), with the Deputy Secretary (Umrah) and a Section Officer (Umrah) as members. A Section Officer from another department must also be part of the committee. A Section Officer based in Makkah, KSA will be further appointed as an extension of the Committee.

Interested?

Read the umrah policy (PDF)

Malaysia's Shariah Advisory Council refines rulings on Islamic finance at 165th meeting

The Shariah Advisory Council (SAC) of the Central Bank of Malaysia recently discussed on the issue of application of tabarru` (تبرع voluntary gifts) contracts in takaful, transfer of ownership of hibah (هبة) assets, breaches of condition in wakalah bi al-istithmar contracts (وكالة لابالاستثمار agency contracts for investment) and wa`d (وعد promise) which is attached to action, time or situation.

The SAC has decided the following at its 165th meeting dated 26 January 2016:

Application of tabarru` in takaful

• The underlying concept/principle for takaful scheme is tabarru` and ta`awun (تعاون mutual assistance) among the takaful participants.
• Tabarru` in takaful is applied through contributions from the participants to the tabarru` fund which is managed by (and entrusted to) the takaful operator in the interest of takaful participants, based on the agreed terms and conditions.
• The financial obligations (الذمة المالية zimmah maliyah) of a tabarru` fund are independent of the financial obligations of the takaful operator and the individual takaful participant. 

Transfer of ownership of hibah assets to the hibah recipient

The SAC has decided that in hibah contracts the ownership of the hibah asset is generally transferred effectively once the hibah recipient takes the possession (قبض qabd) of the hibah asset physically or constructively. This forms the basis for transfer of ownership of hibah asset. Without qabd, the donor may still revoke the hibah. 

However, in conditional hibah, the ownership of the hibah asset is effectively transferred to the hibah recipient upon the occurrence of agreed conditions. This forms the basis for transfer of ownership of hibah asset in conditional hibah. As such, in conditional hibah, it is not possible for the donor to revoke the hibah upon the occurrence of the agreed hibah conditions even though the hibah recipient has yet to take possession of the hibah asset physically or constructively. Notwithstanding this, hibah which is attached to the condition of the demise of the donor shall only be applicable in the context of takaful. This is to provide certainty to the beneficiary in relation to his ownership of the takaful benefit upon the demise of the donor/participants even though he has not yet taken possession (qabd) of the hibah asset, in this case, the takaful benefit.

Breach of conditions in wakalah bi al-istithmar contracts

The SAC has decided that in the event of breach of condition by wakil (وكيل agent) under the wakalah bi al-istithmar contract, in line with its ruling in the previous 150th SAC meeting, the wakil shall guarantee:

• Investment capital; and
• Actual profit generated up to the date of breach of condition. 

In addition to the above, the SAC has decided that the investor (الموكل muwakkil) is eligible to claim actual cost incurred due to the breach of condition by the wakil.

In the event of breach of condition that results in higher-than-expected profit, the excess profit shall be treated based on the agreed terms and conditions in relation to performance fee. If the terms and conditions are not stipulated or not agreed, the excess profit is subject to the discretion of the muwakkil. 

This ruling is based on the principle that wakil performs his duty on the basis of trust (أمانة amanah) and he is not allowed to guarantee the investment capital and profit except in the event of misconduct, negligence and breach of condition by the wakil. This is in line with the opinion by several fuqaha (فقهاء experts in Islamic law) that allow sharing of profit in mudarabah in the event of breach of condition by the mudarib (مضارب manager). In addition, the permissibility to claim actual cost incurred due to the breach of condition by wakil is a form of penalty for the breach and also intended to emphasise on the aspect of amanah and discipline on the wakil.

Wa`d attached to action, time or situation

The SAC has decided that wa`d is binding (ملزم mulzim) on the promisor if the wa`d is attached to any of the following:

• A particular action which is done by a party including the promisee in the future;
• A particular time or date; or
• A particular situation which will occur in future. 

This ruling is based on the view of fuqaha that wa`d which is attached to conditions is binding. The types of conditions, which are attached to the contract as outlined by fuqaha that include a particular action, date/time and situation may be applied in the context of conditions attached to wa`d.

This ruling may clarify the types and categories of conditions attached to wa`d that lead to the bindingness of wa`d, especially in the financial instruments that involve promise to enter into contract that is attached to a particular date/time in the future.

Interested?

Read the hibah concept paper from BNM dated January 2016 (PDF)

ISRA, Thomson Reuters launch first joint Islamic Commercial Law Report

Source: ISRA.

The International Shari’ah Research Academy for Islamic Finance (ISRA) and Thomson Reuters, the provider of information for businesses and professionals, have launched an inaugural joint publication, Islamic Commercial Law Report 2016 at the International Shari’ah Scholars Forum (ISSF), organised by ISRA and the Islamic Research and Training Institute (IRTI) in Kuala Lumpur on 3 November 2015.

The Islamic finance industry has witnessed exponential growth over the last three decades, and has become one of the fastest growing segments of the global financial industry with estimates of the current market size ranging from US$1.66 trillion to US$2.1 trillion. One key factor that has contributed to this progressive development is the flexible nature of Islamic commercial law, which has imbued Islamic finance with the same flexibility, characterised by the legal maxim “the original ruling in Islamic financial transactions is permissibility”.

However, a legal ecosystem covering all dimensions of Islamic finance remains underdeveloped. There are few quick and easy references to the industry professionals without shari’ah background. Also, there are few links between research and activities of academics and practitioners.

To address this challenge, ISRA―an international research entity under the patronage of the Central Bank of Malaysia (BNM), in collaboration with Thomson Reuters―present the Islamic Commercial Law Report 2016, which highlights key areas, frameworks and approaches that are fundamental in shaping the development of a well-structured Islamic finance industry. The report is intended to be an annual publication assessing the key issues and trends in Islamic commercial law for the broader Islamic finance industry.

Nadim Najjar, Managing Director, Middle East and North Africa, Thomson Reuters, said: “Despite being one of the fastest growing segments of the global financial services industry, with assets in excess of US$1.8 trillion, the legal ecosystem around the industry remains underdeveloped. There are no resources for the industry to learn from the activities and innovations that are happening in different parts of the world. And there is little link between the research and activities of academics and practitioners. To play a small role in addressing this challenge, Thomson Reuters is proud to present the first Islamic Commercial Law Report in collaboration with our partners, the International Shari’ah Research Academy for Islamic Finance (ISRA).”

The report covers key areas including shari’ah governance, shari’ah standards and recent trends and fatwas. It provides practitioners with an annual guide to navigate the Islamic legal system and enhance the intellectual discourse of Islamic law into public policy. The report also highlights the latest innovations in Islamic finance structuring, interpretations of shariah law and innovation in Islamic legal thought. This will ensure that stakeholders are up to date with the latest innovation and development in this space, and will help in highlighting the impact of these developments in modern society.

Interested?

Read more about the publication
Read the Suroor Asia blog post about resolutions from ISSF 2015

posted from Bloggeroid

Muslim case law explained in new book from OUP India

Cases on Muslim Law of India, Pakistan, and Bangladesh, by Alamgir Muhammad Serajuddin, Professor Emeritus, Department of History, and former Vice-Chancellor, University of Chittagong, Bangladesh, provides an introduction to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

Source: OUP website.

Published by OUP India, the book offers 61 essential cases on Muslim law from pre- and post-independent India, Pakistan, and Bangladesh, explains the basic principles and rules of Muslim law, and their application by the courts.

The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Legislations covered include the Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.

The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.

Interested?

The book (ISBN 978-0-19-945761-8) is available in hardback for £34.99.

How Jewish, Christian and Islamic traditions differ

Two books recently published by the Oxford University Press (OUP) cover comparisons between Jewish, Christian and Islamic religious thought. Natural Law: A Jewish, Christian, and Islamic Trialogue by Anver Emon, Matthew Levering, and David Novak, provides a sense for how natural law doctrine arises and functions in each tradition, while Shared Stories,Rival Tellings: Early Encounters of Jews, Christians, and Muslims by Robert Gregg reveals that Christians, Jews, and Muslims conscientiously differentiated themselves through debates over scriptural stories' meanings.

Source: OUP website.

In Natural Law each author has written an essay on natural law doctrine in one tradition and responds to the other two authors, revealing the particular points of tension/interest between the traditions. Readers will gain a sense for how natural law resonated with classical thinkers such as Maimonides, Origen, Augustine, al-Ghazali and others. There is extensive reliance on classical sources from each tradition, with clear explanations of the key sources and terms for natural law doctrine in the tradition. Footnotes provide key bibliographic resources for further study.

Anver Emon is Professor of Law, University of Toronto, Canada; Matthew Levering is Professor, Mundelein Seminary, Illinois in the US, and David Novak holds the J Richard and Dorothy Shiff Chair in Jewish Studies as Professor of Religion and Philosophy, University of Toronto.

Source: OUP
website.

For Shared Stories Gregg, who is Emeritus Professor in Religious Studies, Stanford University, emphasises that there was mutual curiosity between Christians, Muslims, and Jews, since all three religions had ancestral traditions and a commanding God in common, but also competitiveness, as each group was compelled to sharpen its identity against the other two. 

Gregg performs a comparative investigation of how Jewish, Christian, and Muslim interpreters—both writers and artists—developed their distinctive and exclusionary understandings of narratives common to their three holy books: Cain and Abel, Sara and Hagar, Joseph and Potiphar's wife, Jonah and the Whale, and Mary, the Mother of Jesus. Exposed in the process are the major issues under contention and the social-intellectual forces that contributed to the exchanges between Muslims, Christians and Jews.

Interested?

Natural Law (ISBN 978-0-19-87450 0-6, £16.99) is available as an e-book or a paperback

Shared Stories, Rival Tellings (ISBN 978-0-19-023149-1, £25.99 or US$39.95) is available as an e-book and as a hardback. To purchase the e-book, visit your preferred e-book provider

AmBank says it respects shari'ah laws, no LGBT promotion in Malaysia

The AmBank Group has refuted NGO Jaringan Melayu Malaysia's claims that it supports lesbian, gay, bisexual and transgender (LGBT) rights in Malaysia. On November 12, media such as the Malay Mail reported that JMM had accused AmBank of promoting LGBT rights and culture in Malaysia, a Muslim country where such rights and culture are not recognised.

AmBank Group clarified in a statement that the group "respects the shari'ah laws of Malaysia and as a responsible corporate citizen we adhere to the strict governance and guidelines of banking, insurance and takaful. We respect the sensitivities of the various communities with different religious beliefs and practices. This is in line with our value proposition of being Malaysia’s bank that understands the needs of the Malaysian community. AmBank Group are not involved in promoting or encouraging lesbian, gay, bisexual and transgender (LGBT) practices as reported in the media."

JMM claims that AmBank is promoting LGBT lifestyles partly because of MetLife's publicly-stated support of LGBT lifestyles in the US. AmBank noted that its joint venture partner MetLife is incorporated in the US and therefore governed by the laws of the US.

"Through its subsidiaries and affiliates, it is one of the largest life insurance companies in the world. Serving approximately 100 million customers with operations in nearly 50 countries, MetLife respects the local laws, traditions and culture of the markets it serves," the statement continued.

"AmBank Group particularly, AmMetLife Insurance Berhad and AmMetLife Takaful Berhad operate and are governed independently under the laws of Malaysia and are not endorsing any practice that breaches any laws, including shari'ah law."

Law to create a new autonomous Muslim region in Philippines to be given priority

Senate President Franklin Drilon hopes that Congress will pass the draft Bangsamoro Basic Law (BBL) in Q1'15. The BBL is the enabling law of the Bangsamoro Framework Agreement outlines the general features of the political settlement between the Philippine Government and the Moro Islamic Liberation Front. It will pave the way for the creation of a new political entity that will replace the Autonomous Region of Muslim Mindanao (ARMM), and end a long-drawn insurgency in Mindanao.

"Before we tackle the 2015 national budget in mid-November, I expect that the major details of the BBL have already been fleshed-out and senators have already put forward their concerns," Drilon said in a statement dated September 7.

"We will have to terminate temporarily the discussion on the BBL to give way for the 2015 budget. But we will immediately shift discussions back to the BBL once the budget is passed by the first or second week of December."

"Today's historical event is a major step forward by our country in our bid to recognise the right of our fellow Filipinos with a culture and history of their own as everyone else's equal. This event is particularly significant to me both as a son of Mindanao and as chair of the Senate Committee on Peace and Unification," said Senator Teofisto Guingona III in a statement on September 10 on the submission of the BBL to Congress. "I state for the record the commitment of the Senate Committee on Peace and Unification to ensure that this historic and landmark piece of legislation shall be completed and passed soonest."

"We need everyone's support for the crafting of an effective and lasting basic law to the Bangsamoro in both houses. No matter our political affiliations, we are all Filipinos and we all share a desire for peace, equality and prosperity as a nation," stressed Drilon.

RHT Academy organises seminar on Islamic Finance Compliance

RHT Academy is organising a seminar on Islamic finance compliance this June. 

The 'Islamic Finance Compliance Network - Creating a robust, practical and risk-focused Shari'ah-compliance programme' seminar will be held on 26 June from 10am to 12pm in Singapore, covering how financial institutions and companies can put in place a compliance framework that is consistent with Shari'ah principles – the foundations of an Islamic Finance framework – in a manner that is both  practical and risk-focused.  

Governance, risk management and other functions that can reside alongside the other conventional functions of a financial institution or company will also be discussed.

There is a registration fee of S$288. Click here to register.